§ 390.23 Automatic relief from regulations.

(a) Presidential declaration of emergency. Parts 390 through 399 of this chapter, or any section thereof, shall not apply to any motor carrier or driver operating a commercial motor vehicle toso providelong emergencyas reliefthe motor carrier or driver is providing direct assistance during an emergency, subjectdeclared by the President of the United States pursuant to 42 U.S.C. 5191(b) during the followingemergency timeperiod limits:or 30 days from the date of the initial declaration of the emergency, whichever is less.
(1b) Regional emergencies.declarations (i)of Theemergency. exemptionExcept as provided byin paragraph (ab)(1) of this section, is§§ effective395.3 onlyand when:
(A)395.5 Anof emergencythis haschapter beenshall declarednot byapply theto Presidenta ofmotor carrier or driver operating a commercial motor vehicle so long as the Unitedmotor States,carrier or driver is providing direct assistance during an emergency declared by the Governor of a State, or their authorized representativesrepresentative, havingor authorityFMCSA toduring declarethe emergencies;emergency period or
(B) The14 Regionaldays Directorfrom ofthe Motordate Carriersof hasthe declaredinitial thatdeclaration aof regional emergency, existswhichever whichis justifiesless.
(1) anResidential exemptionheating fromfuel partsshortages. Parts 390 through 399 of this chapter.
(ii), Exceptor asany providedsection in § 390.25thereof, this exemption shall not exceedapply theto durationa of the motor carrier's or driver's directoperating assistancea incommercial providingmotor emergencyvehicle relief,to orprovide 30residential daysheating fromfuel in the dategeographic ofarea thedesignated initialin declarationan ofemergency thedeclaration emergencyissued orby the exemptionGovernor fromof thea regulationsState. byIf the RegionalGovernor Director of Motora Carriers,State whicheverdeclares isan less.
(2)emergency Localcaused emergencies.by (i)a Theshortage exemptionof providedresidential byheating paragraphfuel (a)(2)and, ofat thisthe sectionconclusion isof effectivethe only30-day when:
(A)period Animmediately emergencyfollowing hasthe beendeclaration, declareddetermines bythat athe Federal,emergency Stateshortage orhas localnot governmentended, officialand havingextends authoritythe todeclaration declareof an emergency; or
(B)for Theup Regionalto Directortwo ofadditional Motor30-day Carriersperiods, hasthis declaredregulatory thatrelief ashall localremain emergencyin existseffect whichup justifiesto anthe exemptionend fromof partssuch 390additional throughperiods. 399The total length of thisthe chapteremergency shall not exceed 90 days.
(ii2) This[Reserved]
(c) exemptionLocal emergencies. Sections 395.3 and 395.5 of this chapter shall not exceedapply theto durationa ofmotor carrier or driver operating a commercial motor vehicle so long as the motor carrier's or driver's is providing direct assistance induring providingan emergency reliefdeclared by a Federal, State, or 5local daysgovernment fromofficial thehaving dateauthority ofto thedeclare initialan declarationemergency offor the emergencyperiod of such assistance or the5 exemptiondays from the regulationsdate byof the Regionalinitial Directordeclaration of Motor Carriersemergency, whichever is less.
(3d) Tow trucks responding to emergencies. (i)Section The395.3 exemptionof providedthis bychapter paragraphshall (not apply to a)(3) ofmotor thiscarrier sectionor driver operating a commercial motor vehicle so long as the motor carrier or driver is effectiveproviding onlydirect assistance during an emergency when a request has been made by a Federal, State, or local police officer for tow trucks to move wrecked or disabled motor vehicles.
(ii) This exemptionregulatory relief shall not exceed the length of the motor carrier's or driver's direct assistance in providing emergency relief, or 24 hours from the time of the initial request for assistance by the Federal, State, or local police officer, whichever is less.
(be) Termination of regulatory relief. (1) Upon termination of direct assistance to the regional or local emergency relief effort, the motor carrier or driver is subject to theall requirementspreviously ofexempted partssections 390 through 399 of this chapter, with the following exception: A driver may return empty to the motor carrier's terminal or the driver's normal work reporting location without complying with partsthe 390previously throughexempted 399 of this chaptersections. However, a driver who informs the motor carrier that he or she needs immediate rest shallmust be permitted at least 810 consecutive hours off duty before the driver is required to return to such terminal or location. Having returned to the terminal or other location, the driver must be relieved of all duty and responsibilities.
(2) Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo not destined for the emergency relief effort, or when the motor carrier dispatches such driver or commercial motor vehicle to another location to begin operations in commerce.
(c3) When the driver has been relieved of all duty and responsibilities upon termination of direct assistance to aan regional or local emergency relief effort, no motor carrier shall permit or require any driver used by it to drive, nor shall any such driver drive in commerce, until:
(1) Thethe driver has met the requirements of §§ 395.3(a) of this chapter; and
(2) The driver has had at least 24 consecutive hours off-duty when:
(Ac) Theand driver has been on duty for more than 60 hours in any 7 consecutive days at the time the driver is relieved of all duty if the employing motor carrier does not operate every day in the week, or
395.5(Ba) The driver has been on duty for more than 70 hours in any 8 consecutive days at the time the driver is relieved of allthis duty if the employing motor carrier operates every day in the weekchapter.
[5788 FR 3364770908, JulyOct. 3013, 1992, as amended at 60 FR 38744, July 28, 19952023]